What to do if I had a car accident 9 years ago for which I was not at fault but a lawsuit has been brought against me?

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What to do if I had a car accident 9 years ago for which I was not at fault but a lawsuit has been brought against me?

I didn’t get arrested or even got a ticket. A while back I found out that a lawsuit was brought up against me from that. Is there a statue of limitations on such a lawsuit?

Asked on September 5, 2014 under Accident Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It would be advisable to refer the matter to the auto insurance company you had when the accident occurred.  That company will provide you with an attorney at no cost to you.

New York has a three year statute of limitations in an auto accident case.  This means a lawsuit to recover compensation for personal injury and/or property damage in an auto accident must be filed within three years of the date of the accident.

An exception is that if the person filing the lawsuit was a minor when the auto accident occurred, he/she has three years from the date of turning eighteen to file the lawsuit.

If a lawsuit is NOT filed prior to the expiration of the applicable statute of limitations, the person has lost his/her rights forever in the matter.


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